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Home , August 1950, July 1950, September 1950, United Nations Command

354 Chapter VIII. Maintenance - of international peace and security

Article 40 of the Charter, the Council might cause to other occupying Powers from exercising their legiti- be ordered a general amnesty for certain persons and mate rights and discharging their legal and humani- organizations, and that a plebiscite be taken under the tarian responsibilities”. The three Powers had, there- guidance, supervision and control of the United Na- fore, brought the matter to the Security Council “as tions to decide whether Hyderabad should accede to a clear threat to the peace within the meaning of or remain independent. Chapter VII of the Charter”. The Hyderabad question remained on the list of The representative of the USSR contended that matters of which the Security Council is seized.5Q2 the allegation “that the situation which had arisen in Berlin constituted a threat to peace and security, was IDENTIC NOTIFICATIONS DATED 29 without any foundation whatsoever” and that the allega- FROM THE GOVERNMENTS OF THE FRENCH REPUB- tion of a threat to the peace had been devised in order LIC, THE AND THE UNITED to by-pass Article 107 and to make it appear that the STATES OF AMERICA Security Council was competent.596

INITIAL PROCEEDINGS Decision of 25 (372nd meeting): Rejec- tion of draft resolution submitted by the representa- By identic notifications,sQ3 , the United King- tives of , Belgiu~~t, Ca,nada, , Colo~m- dom and the drew attention to the bia. and serious situation which they considered had arisen as a result of the unilateral imposition by the Govern- At the 370th meeting on 22 October 1948, the repre- ment of the Union of Soviet Socialist Republics of sentatives of Argentina, , , China, Cd- restrictions on transport and communications between ombia and Syria submitted a draft resolution5g7which, the Western Zones of Occupation in Germany and citing Article 40 of the Charter, called upon the four Berlin. The notifications stated that this action was occupying Powers to prevent any incident of a nature not only in conflict with the rights of the British, to aggravate the situation in Berlin; “to put into French and the United States Governments, but was effect, simultaneously” the steps required for immedi- also contrary to the obligations of the Soviet Govern- ate removal of restrictions on transport and commerce ment under Article 2 of the Charter of the United and an immediate meeting of the four Military Gov- Nations, and created a threat to the peace within the ernors, to arrange for the unification of currency in meaning of Chapter VII of the Charter. The three Berlin; and thereafter to reopen the negotiations in the Governments further stated that the Government of Council of Fcreign Ministers on all outstanding prob- the USSR, by its illegal actions, had been attempting lems concerning Germany as a whole. to secure political objectives to which it was not en- At the 372nd meeting, on 25 October 1948, the titled and which it could not achieve by peaceful draft resolution was not adopted.6Q8There were 9 means. The Government of the USSR was considered votes in favour, and 2 against (1 vote against being responsible for creating a situation in which further that of a permanent member of the Council).600 recourse to the means of settlement prescribed in By letter dated 4 May 19449sooto the Secretary- Article 33 of the Charter was not possible in the General, the representatives of France, the United existing circumstances, and which constituted a threat Kingdom and the United States stated that their to international peace and security. Governments had concluded with the Government of After discussion at the 361st and 362nd meetings on the USSR an agreement on the question as indicated 4 and 5 October 1948, the Council included the ques- in a communiquP attached to the letter. tion in the agenda.6Q4 The question remained on the list of matter of After the adoption of the agenda, the representatives which the Security Council is seized. of the USSR and the Ukrainian SSR stated that the COMPLAINT OF AGGRESSION UPON THE REPUBLIC decision represented a violation of Article 107 of the OF KOREA Charter and that they would not take part in the dis- cussion of the question. INITIAL PROCEEDINGS On 25 June 1950, the Deputy Representative of the The Council considered the question further at its United States transmitted to the Secretary-General 363rd, 36&h, 36&h, 368th, 370th and 372nd meetings a report from the United States Ambassador to the between 6 October and 25 October 1948.6Q5 Republic of Korea that North Korean forces had in- The representatives of France, the United Kingdom vaded the territory of the Republic of Korea at several and the United States contended that the restrictions points in the early morning hours of 2.5 June (Korean on transport and communications established by the time) .601 Government of the USSR in Berlin constituted, con- 698362nd meeting: p. 22 ; 364th meeting : p. 35. trary to its obligations under Article 2 (4) of the W S/1048, 370th meeting : pp. 5-6. Charter, recourse to “threat of force to prevent the m 372nd meeting : p. 14. 888On 30 the President of the Security COUP m For the retention of the question, see also chapter II, Case cil “in the exercise of his powers” instituted a Technical Com- 60. mittee’on Berlin Currency and Trade from experts nominated wS/1020 and Add.1, O.R., 3rd year, S@pl. for Oct. 1948, by neutral members of the Security Council to study, and pp. 9-45. make recommendations within thirty days upon, the establish- W362nd meeting: p. 21. For procedural discussion on inclu- ment of a single currency in Berlin (Press Release SC/908, sion in the agenda, see chapter II, Cases 23 and 34. Enclosure 1). On 27 the President of the m For statements regarding recourse to Article 33, see Council extended the life of the Committee which made public chapter X, Case 6; for the discussion regarding Article 107, its report on 15 (Press Release SC/908). see chapter XII, Case 30; for the invocation of Chapter VII “S/1316, O.R., 4th vear, Stcppl. for , pp. l-2. of the Charter, see chapter XI, Case 14. an S/1495, 473rd meeting: p. 1.

. ..-- -- _..I- Part II. Complaint of aggression upon the Republic of Korea 355

At the 473rd meeting on the same day, the mes- independence and unity of Korea; and the concern sage was included in the agenda under the title, “Com- expressed that the situation described by the United - plaint of Aggression upon the Republic of Korea”, Nations Commission on Korea in its report men- together with a cablegram from the aces the safety and well-being of the Republic of Commission on Korea concerning the same question.@Jz Korea and of the people of Korea and might lead In this cablegram the Commission, after describing the to open military conflict there; military situation in Korea, drew the attenticn of the “Noting with grave concern the armed attack Secretary-General to the “serious situation developing upon the Republic of Korea by forces from North which is assuming character of full-scale war and may Korea, endanger the maintenance of international peace and security”. “Determines that this action constitutes a breach of the peacr, The question was considered at the 471rd to 490th 492nd to 497th, 502nd to 50&h, 518th to 521st and “I. Calls for the immediate cessation of hostili- 523rd to 531st meetings between 25 June 1956 and ties; and 31 January 19.51. “Calls upon the authorities of to At the 525th to 530th meetings, the question was withdraw forthwith their armed forces to the 38th discussed jointly with the “Complaint of Armed Inva- parallel ; sion of (Formosa)“. “II. Requests the United Nations Commission on Korea Decision of 25 June 1950 (473rd meeting): Deter- mining the action by North Korean forces a breach “(a) To communicate its fully considered recom- of the peace, and calling for immediate cessation of mendations on the situation with the least possible kostilities delay ; At the 473rd meeting on 25 June 1950, the Secre- “(b) To observe the withdrawal of North Korean forces to the 38th parallel ; and tary-General stated603 that the report he had received from the Commission, as well as reports from other “(c) To keep the Security Council informed on sources in Korea, made it plain that military actions the execution of this resolution; had been undertaken by North Korean forces. These “III. Calls upon all Members to render every actions were “a direct violation” of General Assembly assistance to the United Nations in the execution resolution 293 (IV) of 21 , “as well as of this resolution and to refrain from giving assist- -- a violation of the principles of the Charter”, ance to the North Korean authorities.” At the same meeting the representative of the United States submitted a draft resolutionRo4 which, as Decision of 2.5 June 1950 (473rd meetmg): Rejection amended after consultations among some of the repre- of draft resolution submitted by the representative sentatives,sOfiwas voted upon in parts and finally adopted 0 f Yugoslavia as a whole by 9 votes in favour with 1 abstention, At the 473rd meeting on 25 June 1950, the repre- one member of the Council being absent.s0B sentative of Yugoslavia submitted a draft resolutionsoB The resolution read as follows:so7 to call for an immediate cessation of hostilities and withdrawal of forces, and to invite the Government “The Security Council, of North Korea to state its case before the Security “Recallin the finding of the General Assembly in CounciLBoQ The draft resolution was rejected by 1 its resolution of 21 October 1949 that the Govern- vote in favour, 6 against, with 3 abstentions, one mem- ment of the Republic of Korea is a lawfully estab- ber of the Council being absent.610 lished governments ‘having effective control and juris- diction over that part of Korea where the United Decision of 27 June 1950 (474th meeting): Recom- Nations Temporary Commission on Korea was able mendation to Member States to furnish assistance to observe and consult and in which the great to the Republic of Korea6’l majority of the people of Korea reside; and that At the 474th meeting on 27 June 1950, the Council this Government is based on elections which were had before it four cablegramP2 from the United Na- a valid expression of the free will of the electorate tions Commission on Korea submitted in response to of that part of Korea and which were observed by the Council decision of 25 June. At the same meeting, the Temporary Commission; and that this is the the representative of the United States submitted a only such government in Korea’; draft resolutiorP3 which was put to the vote and ‘Mindful of the concern expressed by the General m S/1500, 473rd meeting: p. 15. Assembly in its resolutions of 12 December 1948 and -For the invitation to the representative of the Republic of 21 October 1949 of the consequenceswhich might fol- Korea to participate, see chapter III, Case53 and Case93. low unless Member States refrained from acts de- For discussion on participation of the representative of the rogatory to the results sought to be achieved by People_‘;s Republic of Korea, see chapter III, Case 64 and the United Nations in bringing about the complete Case /A Q0473rd meeting.: DO. 15. 18. ml For statemeni on-relebance of this decision and the deci- m S/1496, 473rd meeting: p. 2. sion of 25 June to Article 39, see chapter XI, Case 15. For the Oas473rd meeting: p. 3. See chapter I, Case 40. applicability of Art. 2 (7), see chapter XII, Case 17. (M S/1497, 473rd meeting: pp. 7-8. BLzS/1503, S/1504, S/1507, 474th meeting: p. 2; S/1505/ w S/1499, 473rd meeting: pp. 13-14. Rev.1, 0.X., 5th year, Suppl. for June, July and Aug. 1950, ms473rd meeting: up. 1.5-18. pp. 23-26. an s/1501. a S/1508/Rev.l, 474th meeting: p. 4. 356 Chapter VIII. Maintenance of international peace and security adopted by 7 votes in favour, 1 against, with 2 mem- At the 476th meeting, the representatives of France bers of the Council not voting, and 1 member being and the United Kingdom submitted a joint draft reso- absent.B14 The resolution read as follows :‘lB lution6’0 which was adopted by 7 votes in favour, none against, with 3 abstentions, one member being “The Security Council absent. “Having determined that the armed attack upon The resolution read as follows :620 the Republic of Korea by forces from North Korea constitutes a breach of the peace, “The Security Council, “Having called for an immediate cessation of hos- “Having determined that the armed attack upon tilities, and the Republic of Korea by forces from North Korea ‘[Having called upon the authorities of North constitutes a breach of the peace, Korea to withdraw forthwith their armed forces to “Having recommended that Members of the the 3Sth parallel, and Untied Nations furnish such assistance to the Re- “‘Having noted from the report of the United public of Korea as may be necessary to repel the Nations Commission for Korea that the authorities armed attack and to restore international peace and in North Korea have neither ceased hostilities nor security in the area, withdrawn their armed forces to the 38th parallel, “1. Welcomes the prompt and vigor,ous support and that urgent military measures are required to which governments and peoples of the United Na- restore international peace and security, and tions have given to its Resolutions of 2.5 and 27 June 1950 to assist the Republic of Korea in de- “Having noted the appeal from the Republic of fending itself against armed attack and thus to Korea to the United Nations for immediate and restore international peace and security in the area; effective steps to secure peace and security, “2. Noltes that Members of the United Nations “Recommends that the Members of the United have transmitted to the United Nations offers of Nations furnish such assistance to the Republic of assistance for the Republic of Korea; Korea as may be necessary to repel the armed attack “3. Recommends that all Members providing and to restore international peace and security in military forces and other assistance pursuant to the the area.” aforesaid Security Council resolutions make such Decision of 27 June 1950 (474th meeting): Rejection forces and other assistance available to a unified of draft resolution submitted by the representative command under the United States; of Yugoslavia “4. Requests the United States to designate the At the 474th meeting on 27 June 1950, the repre- commander of such forces; sentative of Yugoslavia submitted a draft resolution616 “5. Authorizes the unified command at its dis- to renew the call for an immediate cessation of hos- cretion to use the United Nations flag in the course tilities, to initiate a procedure of mediation between of operations against North Korean forces con- the parties involved, and to invite the Government of currently with the flags of the various nations par- the People’s Republic of Korea to send immediately ticipating ; a representative to the United Nations with full powers “6. Requests the United States to provide the to participate in the procedure of mediation. The draft Security Council with reports as appropriate on the resolution was rejected by 1 vote in favour, 7 against, course of action taken under the unified command.” with 2 members not participating in the voting and one member being absent.617 Decision of 31 (479th meeting): Concerning Korean Relief Decision of 7 July 1950 (476th meeting): Establish- ment of a unified command At the 477th meeting on 25 July 1950, the repre- sentative of the United States informed the Council At the 475th meeting on 30 June 1950 and at the that, in pursuance of its resolution of 7 July 1950, the 476th meeting on 7 July 1950, the Council had before Unified Command had been established with Head- it communications from Member Governments con- quarters in . At the same meetinS, the Council cerning their attitudes with regard to the Council had before it the first report, dated 24 July 1950, resolutions of 25 and 27 June 1950.s1* submitted by the Government of the United States on the course of action taken under the Unified Com- Q’474th meeting: pp. 16-17.At the 475th meetingon 30 Juye mand.s21 1950,the representativeof , who had not participated m the voting, stated that, had he received instructions m time, he At the 479th meeting on 31 July 1950, the Presi- would have abstained. The President, speaking as the repre- dent, speaking as the representative of , sub- sentative of India, who also had not participated in the voting, mitted on behalf of his delegation. as well zs those informed the Council that his Government had accepted the resolution. By cablegram dated 29 June 1950 (S/1517, O.R., of France and the United Kingdom. a joint draft 5th year. Suppl. for June, July and Aug. 19.50, pp. 29-30), the resolution622 which was adopted at the same meeting USSR the Council member which had been absent, stated that th’e resolution of 27 June had no legal force since it had by 9 votes in favour, with 1 absteniton, one member been passed in the absence of two permanent members, the being absent. Ugs”/l”;;“l China, the latter having not been duly represented. m” S/1587, 476th meeting : pp. 5, 8. aa S/1509: 474th meeting : pp. G-7. a’ 474th meeting : p. 17. e2n s/1588. aS/1515 to S/1586, O.R., 5th year, Suppl. for lune, July sn 477th meeting: pp. 3-9. and , pp. 28-74. m S/1652, 479th meeting: pp. 3, 7. Part N. Complaint of aggression upon the Republic of Korea 357

The resolution read as follows:e23 bombing by the Air Force, or by other means, of “The Security Council, towns and populated areas and also the shooting from ,- “Recognizing the hardships and privations to the air of the peaceful population of Korea. At the which the people of Korea are being subjected as 497th meeting on 7 , the draft reso- a result of the continued prdsecution by the North lution was rejected by one vote in favour, 9 against, Korean forces of their unlawful attack ; and’ with 1 abstentionBz7 “Appreciating the spontaneous offers of assistance Decision of 30 September 1950 (508th meeting): Re- to the Korean people which have been made by jection of draft resolution submitted by the repre- governments, specialized agencies, and non-govern- sentative of the USSR mental organizations ; At the 503rd meeting on 26 .50, the “Requests the Unified Command to exercise re- representative of the USSR submitted a draft resolu- sponsibility for determining the requirements for the tione2s similar to the one which had been rejected at relief and support of the civilian population of the 497th meeting (S/1679). At the 508th meeting on Korea, and for establishing in the field the pro- 30 September 1950, the draft resolution was rejected cedures for providing such relief and support; by one vote in favour, 9 against, with 1 abstention.629 “Requests the Secretary-General to transmit all Decision of 30 Nbvember 1950 (530th meeting): Re- offers of assistance for relief and support to the jection of draft resolution submitted by the ‘repre- Unified Command ; sentatives of Cuba, Ecuador, Frame, Norzway, United “Requests the Unified Command to provide the Kingdom an8 United States Security Council with reports, as appropriate, on its At the 518th meeting on 6 , the rep- relief activities ; resentative of the United States read to the Council “Requests the Secretary-General, the Economic a special report dated 5 November 1950 630, submitted and Social Council in accordance with Article 65 by the , that the United Na- of the Charter, other appropriate United Nations tions fighting forces were “in hostile contact with principal and subsidiary organs, the specialized agen- Chinese communist military units deployed for action cies in accordance with the terms of their respective against the forces of the Unified Command.” agreements with the United Nations, and appropri- At the 519th meeting on 8 November 1950, the ate non-governmental organizations, to provide such representative of the USSR objected to the Council assistance as the Unified Command may request for considering the special report, on the ground that the - - the relief and support of the civilian population of resolution of 7 July establishing the United Nations Korea, and as appropriate in connexion with the Command had been taken in violation of the Charter.631 responsibilities being carried out by the Unified Command on behalf of the Security Council.” At the 521st meeting on 10 November, the repre- sentatives of Cuba, Ecuador, France, Norway, the Decision of 6 September 1950 (496th meeting): Re- United Kingdom and the United States submitted a jection of draft resolution submitted by the repre- joint draft resolutiona32 to call upon all States and sentative of the United States authorities to refrain from assisting or encouraging At the 479th meeting on 31 July 1950, the repre- the North Korean authorities, to prevent nationals or sentative of the United States submitted a draft reso- individuals or units of their armed forces from giving Iutionsz4 to condemn the North Korean authorities for assistance to the North Korean forces and to cause their continued defiance of the United Nations, to call the immediate withdrawal of any such nationals, in- upon all States to use their influence to prevail upon dividuals or .units which may presently be in Korea. the authorities of North Korea to cease this defiance, At the 530th meeting on 30 November 1950, the draft and to call upon all States to refrain from assisting or resolution, as a whole, was not adopted, having received encouraging the North Korean authorities and to re- 9 votes in favour and 1 against, (being that of a frain from action which might lead to the spread of permanent member), with 1 member not participating the to other areas. At the 496th meet- in the voting.633 ing on 6 September 19.50, the draft resolution was put to the vote and was not adopted. There were 9 Decision of 30 November 19% (530th meeting): Re- votes in favour and 1 against, with 1 abstention, the jection of draft resolution submitted by the repre- vote against being that of a permanent member.s26 sentative of the People’s Republic of China and sponsored by the representative of the USSR Derision of 7 September 1950 (497th meeting): Re- At the 527th meeting on 28 November 19.50, the jection of draft resolution submitted by the repre- representative of the Central People’s Government of sentative of the USSR At the 484th meeting on 8 August 1950, in con- eST497th meeting: pp. 17-18. nexion with the alleged bombing by the United States 828S/1812, 503rd meeting: p. 14. Air Force of towns and other populated areas in “28508th meeting: pp. 5, 11. Korea, the representative of the USSR submitted a BBoS/1884, 518th meeting: pp. 3-5. m 519th meeting: pp. 4-6. For invitation to the representative draft resolutionBz6 to call upon the Government of the of the People’s Republic of China to participate during dis- United States to cease and not permit in future the cussion of the special report, see chapter III, Cases 55 and 121. For the refusal of the Government of the People’s aa S/1657. Republic of China, see S/1889-11, O.R., 5th year, Suppl. for =’ S)1653, 479th meeting: pp. 7-8. Sept. through, Dec. 1950, pp. 113-114. a 496th meeting: pp. 18-19. a S/1894, 521st meeting: p. 16. B(IS/1679, 484th meeting: p. 20. o89530th meeting: pp. 22-25. 358 Chupter VIII. Maintenance of international peace and security the People’s Republic of China, taking part in the In his statement to the Council, at the 527th meeting discussion under rule 39 of the rules of procedure, on 28 November 1950, the representative of the Peo- submitted a draft resolutionas which in part called ple’s Republic of China contended that Taiwan was for “the withdrawal from Korea of the armed forces an integral part of the territory of China, of which the of the United States of America and all other coun- Central People’s Government was the “sole legal Gov- tries, and to leave the people of North and South ernment”. The occupation of Taiwan by United States Korea to settle the domestic affairs of Korea them- armed forces constituted “an act of open, direct armed selves so that a peaceful solution of the Korean ques- aggression against China by the Government of the tion might be achieved ” .13~s The draft resolution was United States”. sponsored by the representative of the USSR. At the same meeting, the representative of the Peo- At the 530th meeting on 30 November, the draft ple’s Republic submitted a draft resolutiona41whereby resolution was rejected by 1 vote in favour, 9 against, the Council would recognize the occupation of Taiwan with 1 member not participating in the voting.686 by United States armed forces as “open and direct aggression against Chinese territory” and would con- Decision of 31 January 1951 (53lst meeting): Removal demn the United States Government accordingly; and of the item from the list of mutters of which the would demand the withdrawal of United States forces Council is seized from Taiwan and from Korea. At the 531st meeting on 31 January 1951, the repre- By letter dated 25 August,642 the representative of sentative of the United Kingdom, recalling his letter the United States replied, in part, that : of 29 January 1951 687 to the President of the Council, stated that, in order to avoid any technical doubts that 1. The United States had not encroached on the might arise regarding an infringement of Article 12 territory of China, nor taken aggressive action against of the Charter, he proposed that the item be taken China. off the agenda of the Council. At tne same meeting, 2. The action of the United States had been an im- he submitted a draft resolution638 which was adopted partial, neutralizing action, addressed both to the unanimously.6*9 The resolution read as follows : forces in Formosa and on the mainland. It was an “The Security Council, action designed to keep the peace and therefore was in full accord with the Charter of the United Nations. “Resolves to remove the item ‘Complaint of ag- The United States had no designs on Formosa and gression upon the Republic of Korea’ from the list the action was not inspired by any desire to acquire of matters of which the Council is seized.” a special position.

COMPLAINT OF ARMED INVASION OF TAIWAN 3. The action of the United States was expressly (FORMOSA) stated to be without prejudice to the future political status of the island. INITIAL